Establishment of a foreign-invested film production company in Vietnam

Legal basis:

• International treaties: WTO, FTAs, AFAS;
• Law on Cinematography of Vietnam 2022.

Conditions and forms of investment:

• Foreign investors are allowed to cooperate with Vietnamese cinematographic facilities in investing in the production, distribution, and dissemination of films in the following forms:
  • Joint ventures, including: Establishing economic organizations with foreign-invested capital, contributing capital, purchasing shares, purchasing contributed capital, in which the foreign investor’s capital does not exceed 51% of charter capital.
  • Business Cooperation Contracts.
• Other conditions: Foreign investors are not allowed to enter into joint ventures or enter into Business Cooperation Contracts with Houses of culture, cinema units, public cinema clubs and associations, and mobile cinema teams of Vietnam.
• For foreign investors who only produce films in Vietnam and do not follow the above investment forms, they must use film production services provided by Vietnamese cinematographic facilities and ensure the following conditions:
  • Having a written agreement or contract to provide film production services with Vietnamese film establishments;
  • Films using film production services in Vietnam do not violate regulations on prohibited content and behaviors in film activities;
  • In case of using filming services with the use of backgrounds in Vietnam, there must be a License to provide filming services with the use of backgrounds in Vietnam issued by the Ministry of Culture, Sports, and Tourism of Vietnam.

Procedures:

Foreign investors can establish film production companies in Vietnam through two options:

• Establishing a foreign-invested film company in Vietnam;
• Contributing capital, purchasing shares, or purchase contributed capital to a Vietnamese film company.

Option 1: Establishing a foreign-invested film company in Vietnam, including 02 main steps:

Step 1: Foreign investors apply for an Investment Registration Certificate;

Step 2: Establishing a foreign-invested film company in Vietnam.

Option 2: Contributing capital, purchasing shares, and capital contributions to a Vietnamese film company, including 02 main steps:

Step 1: Foreign investors register to contribute capital, purchase shares, or purchase contributed capital to a Vietnamese film company;

Step 2: Carrying out procedures to change members and shareholders in a Vietnamese film company.